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To: hobbes1
I'm not confusing a thing. Sen. Frist acknowledged himself that the law was directed to a procedural due process review, and gave the reviewing court discretionary remedial powers. I understand that you desperately want the bill to be wider in scope, but it is not.
3,698 posted on 04/01/2005 6:54:51 AM PST by atlaw
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To: atlaw

I see. So you are correct, and DeLay, Boies et al....are all wrong in their reading of the Law?

How about the Brief submitted by members of Congress...

http://www.cnsnews.com/ViewCommentary.asp?Page=%5CCommentary%5Carchive%5C200503%5CCOM20050325a.html

* According to a few Members of the US House of Representatives, I was incorrect in my assertion on Wednesday that the bill signed into law early Monday morning (Public Law 109-3) simply gave Terri Schiavo's parents access to the Federal Courts and did not require the reinsertion of her feeding tube.

* The "few Members" of the House of Reps include Speaker Dennis Hastert, Majority Leader Tom DeLay, Majority Whip Roy Blount, and Judiciary Committee chairman James Sensenbrenner as well as Florida Congressman Dave Weldon (who is an M.D.) submitted a "friend of the court" brief asserting the legislative intent of the law.

* Their brief stated that Public Law 109-3, requires US District Court Judge James Whittemore to have Mrs. Schiavo's feeding tube reinserted pending the outcome of the federal court reviews.

* The section of the brief in question reads, "Clearly, the Middle District of Florida is required by Public Law 109-3 to keep Theresa Marie Schiavo alive until such time as a de novo review of her claims occur."


(P.S.. going a bit further, since when is a De Novo review, a procedural review...that in and of itself madates that the case is heard "over again; as if for the first time." ...)

The law clearly stated NOT to give credence or weight to any previous court ruling.


3,706 posted on 04/01/2005 7:05:39 AM PST by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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